Discuss the questions presented below and follow directions: Review the case Informed Consent in Louisiana – Lugenbuhl v. Dowling.
First, identify the elements of the legal citation- plaintiff, defendant, court, location of case etc.
Explain the meaning and importance of the doctrine of informed consent.
Discuss why we have this doctrine and what would happen if we did not.
Discuss the two elements that must be present for informed consent to exist under the law.
In a legal case of negligence and liability explain why the basis for negligence may be battery, unconsented touching, or breach of a duty imposed on the doctor to disclose material information.
Explain the elements that must be present for a patient to give informed consent.
- Limit your responses to a maximum of three pages, not including title and reference list pages
- Be sure to utilize at least 3-4 scholarly references to support your discussions.
TO BE RE-WRITTEN FROM THE SCRATCH
Informed consent: Lugenbuhl V. Dowling
Elements of the legal citation
This was a case in which a patient, Milton C. Lugenbuhl,took action against Dr. James Dowlingfor damages apparently caused by the doctor not using a surgical mesh in the repair of an incisional hernia as requested by the patient. It was case number 96-C-1575 at the Supreme Court of Louisiana and was decided on October 10, 1997(FindLaw, undated).
The principal issues included whether following the patient’s expressed desire for a mesh to be used in the surgical operation, the doctor informed the patient of the nature of the procedure and the consequent risks with and without the use of the mesh. The court also needed to decide whether there was a causal connection between a lack of informed consent or the doctor not using the mesh and the damages awarded for additional surgery as proved by the patient. The court found the doctor liable for the former but not the latter.
Informed consent
Initially, consent was based on the reasoning that a competent person has the right to decide about his or her body. This reasoning can be traced to 1914 when Justice Cardozo stated that “Every human being of adult years and sound mind has a right to determine what shall be done with his own body and a surgeon who performs an operation without his patient’s consent commits an assault for which he is liable in damages.”(FindLaw, undated).This concept of consent was later developed so that doctors were required to disclose information to the patient so that the patient can make informed decision about medical procedures.
Following significant litigation regarding doctor’s scope to provide informed consent, the Louisiana Legislature enactedsubsections A-C to the informed consent law in 1975-6. The sections provide that written medical consent to surgical procedures sets forth the nature and purpose of the procedures with the known risks, acknowledges disclosure of such information and satisfactorily answering of all questions and signing of the written informed consent by the patient or a person with legal authority to represent the patient. In case of surgical implantation of Norplant contraceptive devices, the doctor shall explain to the patient the risks, known adverse results and alternative methods. Further, except as provided above, evidence to modify or limit the authorization for procedure performance as stated in the written consent is not admissible. For consent secured other than in accordance with the conditions stated above, the explanation to the patient or legal authority shall include the matters set forth above with an opportunity afforded to ask questions and answered satisfactorily. Such consent is then valid and effective (FindLaw, undated).
Informed consent ensures that a patient…………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….. Informed Consent in Louisiana – Lugenbuhl v. Dowling ………………………………..
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